House Bill 180

AN ACT TO PROVIDE THAT GENETIC INFORMATION IS PERSONAL
PROPERTY AND TO REQUIRE INFORMED CONSENT FOR GENETIC TESTING; TO AMEND SECTION
93-9-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED
PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MISSISSIPPI:

SECTION 1. Genetic information is hereby defined as
personal property and no person shall be required to consent to genetic testing
without such person's informed consent.

93-9-21.
(1) (a) In all cases brought pursuant to Title IV-D
of the Social Security Act, upon sworn documentation by the mother, putative
father, or the Department of Human Services alleging paternity, the department
may issue an administrative order for paternity testing which requires the
mother, putative father and minor child to submit themselves for paternity
testing if such mother, putative father or minor child provides informed
consent to such testing. The
department shall send the putative father a copy of the Administrative Order
and a Notice for Genetic Testing which shall include the date, time and place
for collection of the putative father's genetic sample. The Department shall also send the putative
father a Notice and Complaint to Establish Paternity which shall specify the
date and time certain of the court hearing by certified mail, restricted
delivery, return receipt requested.
Notice shall be deemed complete as of the date of delivery as evidenced
by the return receipt. The required
notice may also be delivered by personal service upon the putative father in
accordance with Rule 4 of the Mississippi Rules of Civil Procedure insofar as
service of an administrative order or notice is concerned.

(b)
If the putative father does not submit to genetic testing, the court
shall, without further notice, on the date and time previously set through the
notice for hearing, review the documentation of the refusal to submit to
genetic testing and make a determination as to whether the complaint to
establish paternity should be granted.
The refusal to submit to such testing shall create a rebuttable
presumption of an admission to paternity by the putative father.

(c)
In any case in which the Department of Human Services orders genetic
testing, the department is required to advance costs of such tests subject to
recoupment from the alleged father if paternity is established. If either party challenges the original test
results, the department shall order additional testing at the expense of the
challenging party.

(2)
The court, on its own motion or on motion of the plaintiff or the
defendant, shall order the mother, the alleged father and the child or children
to submit to genetic tests and any other tests which reasonably prove or
disprove the probability of paternity, provided that such person provided
informed consent to have such testing performed.

If any party refuses to submit to such
tests, the court may resolve the question of paternity against such party or enforce
its order for genetic testing as the rights of others and the interest of
justice require.

(3)
Any party calling a witness or witnesses for the purpose of testifying
that they had sexual intercourse with the mother at any possible time of
conception of the child whose paternity is in question shall provide all other
parties with the name and address of the witness at least twenty (20) days
before the trial. If a witness is
produced at the hearing for the purpose provided in this subsection but the party
calling the witness failed to provide the twenty-day notice, the court may
adjourn the proceeding for the purpose of taking a genetic test of the witness
before hearing the testimony of the witness if the court finds that the party
calling the witness acted in good faith.

(4)
The court shall ensure that all parties are aware of their right to
request genetic tests under this section.

(5)
(a) Genetic tests shall be
performed by a laboratory selected from the approved list as prepared and
maintained by the Department of Human Services.

(b)
The Department of Human Services shall publicly issue a request for
proposals, and such requests for proposals when issued shall contain terms and
conditions relating to price, technology and such other matters as are
determined by the department to be appropriate for inclusion or required by
law. After responses to the request for
proposals have been duly received, the department shall select the lowest and
best bid(s) on the basis of price, technology and other relevant factors and
from such proposals, but not limited to the terms thereof, negotiate and enter
into contract(s) with one or more of the laboratories submitting
proposals. The department shall prepare
a list of all laboratories with which it has contracted on these terms. The list and any updates thereto shall be
distributed to all chancery clerks. To
be eligible to appear on the list, a laboratory must meet the following
requirements:

(i) The laboratory is qualified to do business within the State of
Mississippi;

(ii) The laboratory can provide test results in less than fourteen
(14) days; and

(iii) The laboratory must have participated in the competitive
procurement process.

SECTION 3. This act shall take effect and be in force from and after July 1,
2002.